0001| SENATE BILL 616
|
0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
|
0003| 1996
|
0004| INTRODUCED BY
|
0005| MANNY M. ARAGON
|
0006|
|
0007|
|
0008|
|
0009|
|
0010|
|
0011| AN ACT
|
0012| RELATING TO TAXATION; REPEALING TAXES FOR THE OPERATION OF STATE
|
0013| GOVERNMENT; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.
|
0014|
|
0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0016| Section 1. Section 7-1-2 NMSA 1978 (being Laws 1965,
|
0017| Chapter 248, Section 2, as amended) is amended to read:
|
0018| "7-1-2. APPLICABILITY.--The Tax Administration Act applies
|
0019| to and governs:
|
0020| A. the administration and enforcement of the
|
0021| following taxes or tax acts as they now exist or may hereafter
|
0022| be amended:
|
0023| [(1) Income Tax Act;
|
(2) Withholding Tax Act;
|
(3)] (1) Gross Receipts and Compensating Tax
|
0001| Act; [and any state gross receipts tax;
|
(4) Liquor Excise Tax Act;
|
(5)] (2) Local Liquor Excise Tax Act;
|
0004| [(6) Banking and Financial Corporations Tax
|
Act;
|
(7)] (3) any municipal local option gross
|
0007| receipts tax;
|
0008| [(8)] (4) any county local option gross
|
0009| receipts tax; and
|
0010| [(9) Special Fuels Supplier Tax Act;
|
(10) Gasoline Tax Act;
|
(11) petroleum products loading fee, which fee
|
shall be considered a tax for the purpose of the Tax
|
Administration Act;
|
(12) Cigarette Tax Act;
|
(13) Estate Tax Act;
|
(14) Railroad Car Company Tax Act;
|
(15) Investment Credit Act;
|
(16) Corporate Income Tax Act;
|
(17) Corporate Income and Franchise Tax Act;
|
(18) Uniform Division of Income for Tax
|
Purposes Act;
|
(19) Multistate Tax Compact;
|
(20) Tobacco Products Tax Act;
|
(21) Filmmaker's Credit Act; and
|
(22)] (5) the telecommunications relay
|
0002| service surcharge imposed by Section 63-9F-11 NMSA 1978, which
|
0003| surcharge shall be considered a tax for the purposes of the Tax
|
0004| Administration Act;
|
0005| B. the administration and enforcement of the
|
0006| following taxes, surtaxes, advanced payments or tax acts as they
|
0007| now exist or may hereafter be amended:
|
0008| [(1) Resources Excise Tax Act;
|
(2)] (1) Severance Tax Act;
|
0010| [(3)] (2) any severance surtax;
|
0011| [(4)] (3) Oil and Gas Severance Tax Act;
|
0012| [(5) Oil and Gas Conservation Tax Act;
|
(6) Oil and Gas Emergency School Tax Act;
|
(7)] (4) Oil and Gas Ad Valorem Production
|
0015| Tax Act;
|
0016| [(8) Natural Gas Processors Tax Act;
|
(9)] (5) Oil and Gas Production Equipment Ad
|
0018| Valorem Tax Act;
|
0019| [(10)] (6) Copper Production Ad Valorem Tax
|
0020| Act; and
|
0021| [(11)] (7) any advance payment required to
|
0022| be made by any act specified in this subsection, which advance
|
0023| payment shall be considered a tax for the purposes of the Tax
|
0024| Administration Act;
|
0025| C. the administration and enforcement of the
|
0001| following taxes, surcharges, fees or acts as they now exist or
|
0002| may hereafter be amended:
|
0003| [(1) Weight Distance Tax Act;
|
(2) Special Fuels Tax Act;
|
(3)] (1) the workers' compensation fee
|
0006| authorized by Section 52-5-19 NMSA 1978, which fee shall be
|
0007| considered a tax for purposes of the Tax Administration Act;
|
0008| [(4) Controlled Substance Tax Act;
|
(5)] (2) Uniform Unclaimed Property Act;
|
0010| [(6)] (3) 911 emergency surcharge and the
|
0011| network and database surcharge, which surcharges shall be
|
0012| considered taxes for purposes of the Tax Administration Act;
|
0013| [(7)] (4) the solid waste assessment fee
|
0014| authorized by the Solid Waste Act, which fee shall be considered
|
0015| a tax for purposes of the Tax Administration Act; and
|
0016| [(8)] (5) the water conservation fee
|
0017| imposed by Section 74-1-13 NMSA 1978, which fee shall be
|
0018| considered a tax for the purposes of the Tax Administration Act;
|
0019| and
|
0020| D. the administration and enforcement of all other
|
0021| laws, with respect to which the department is charged with
|
0022| responsibilities pursuant to the Tax Administration Act, but
|
0023| only to the extent that such other laws do not conflict with the
|
0024| Tax Administration Act."
|
0025| Section 2. Section 7-1-6.15 NMSA 1978 (being Laws 1983,
|
0001| Chapter 211, Section 20, as amended) is amended to read:
|
0002| "7-1-6.15. ADJUSTMENTS OF DISTRIBUTIONS OR TRANSFERS TO
|
0003| MUNICIPALITIES OR COUNTIES.--
|
0004| A. The provisions of this section apply to:
|
0005| [(1) any distribution to a municipality of
|
gross receipts taxes pursuant to Section 7-1-6.4 NMSA 1978 or of
|
interstate telecommunications gross receipts tax pursuant to
|
Section 7-1-6.36 NMSA 1978;
|
(2)] (1) any transfer to a municipality with
|
0010| respect to any local option gross receipts tax imposed by that
|
0011| municipality;
|
0012| [(3)] (2) any transfer to a county with
|
0013| respect to any local option gross receipts tax imposed by that
|
0014| county;
|
0015| [(4)] (3) any distribution to a county
|
0016| pursuant to Section 7-1-6.16 NMSA 1978; and
|
0017| [(5) any distribution to a municipality or a
|
county of gasoline taxes pursuant to Section 7-1-6.9 NMSA 1978;
|
(6)] (4) any transfer to a county with
|
0020| respect to any tax imposed in accordance with the Local Liquor
|
0021| Excise Tax Act.
|
0022| [(7) any distribution to a municipality or a
|
county of cigarette taxes pursuant to Sections 7-1-6.11, 7-12-15
|
and 7-12-16 NMSA 1978;
|
(8) any distribution to a county from the
|
county government road fund pursuant to Section 7-1-6.26 NMSA
|
1978; and
|
(9) any distribution to a municipality of
|
gasoline taxes pursuant to Section 7-1-6.27 NMSA 1978.] B. If the secretary determines that any prior
|
0005| distribution or transfer to a municipality or county was
|
0006| erroneous, the secretary shall increase or decrease the next
|
0007| distribution or transfer amount for that municipality or county
|
0008| after the determination, except as provided in Subsection C, D
|
0009| or E of this section, by the amount necessary to correct the
|
0010| error. Subject to the provisions of Subsection E of this
|
0011| section, the secretary shall notify the municipality or county
|
0012| of the amount of each increase or decrease.
|
0013| C. No decrease shall be made to current or future
|
0014| distributions or transfers to a municipality or a county for any
|
0015| excess distribution or transfer made to that municipality or
|
0016| county more than one year prior to the calendar year in which
|
0017| the determination of the secretary was made.
|
0018| D. The secretary, in lieu of recovery from the next
|
0019| distribution or transfer amount, may recover an excess
|
0020| distribution or transfer of one hundred dollars ($100) or more
|
0021| to the municipality or county in installments from current and
|
0022| future distributions or transfers to that municipality or county
|
0023| pursuant to an agreement with the officials of the municipality
|
0024| or county whenever the amount of the distribution or transfer
|
0025| decrease for the municipality or county exceeds ten percent of
|
0001| the average distribution or transfer amount for that
|
0002| municipality or county for the twelve months preceding the month
|
0003| in which the secretary's determination is made; provided that
|
0004| for the purposes of this subsection, the "average distribution
|
0005| or transfer amount" shall be the arithmetic mean of the
|
0006| distribution or transfer amounts within the twelve months
|
0007| immediately preceding the month in which the determination is
|
0008| made.
|
0009| E. Except for the provisions of this section, if the
|
0010| amount by which a distribution or transfer would be adjusted
|
0011| pursuant to Subsection B of this section is one hundred dollars
|
0012| ($100) or less, no adjustment or notice need be made.
|
0013| F. The secretary is authorized to decrease a
|
0014| distribution to a municipality or county upon being directed to
|
0015| do so by the secretary of finance and administration pursuant to
|
0016| the State Aid Intercept Act or to redirect a distribution to the
|
0017| New Mexico finance authority pursuant to an ordinance passed by
|
0018| the county or municipality and a written agreement of the
|
0019| municipality or county and the New Mexico finance authority.
|
0020| Upon direction to decrease a distribution or notice to redirect
|
0021| a distribution to a municipality or county, the secretary shall
|
0022| decrease or redirect the next designated distribution, and
|
0023| succeeding distributions as necessary, by the amount of the
|
0024| state distributions intercept authorized by the secretary of
|
0025| finance and administration pursuant to the State Aid Intercept
|
0001| Act or by the amount of the state distribution intercept
|
0002| authorized pursuant to an ordinance passed by the county or
|
0003| municipality and a written agreement with the New Mexico finance
|
0004| authority. The secretary shall transfer the state distributions
|
0005| intercept amount to the municipal or county treasurer or other
|
0006| person designated by the secretary of finance and administration
|
0007| or to the New Mexico finance authority pursuant to written
|
0008| agreement to pay the debt service to avoid default on qualified
|
0009| local revenue bonds or meet other local revenue bond, loan or
|
0010| other debt obligations of the municipality or county to the New
|
0011| Mexico finance authority."
|
0012| Section 3. Section 7-1-8 NMSA 1978 (being Laws 1965,
|
0013| Chapter 248, Section 13, as amended by Laws 1993, Chapter 5,
|
0014| Section 3 and also by Laws 1993, Chapter 261, Section 1) is
|
0015| amended to read:
|
0016| "7-1-8. CONFIDENTIALITY OF RETURNS AND OTHER
|
0017| INFORMATION.--It is unlawful for any employee of the department
|
0018| or any former employee of the department to reveal to any
|
0019| individual other than another employee of the department any
|
0020| information contained in the return of any taxpayer made
|
0021| pursuant to any law subject to administration and enforcement
|
0022| under the provisions of the Tax Administration Act or any other
|
0023| information about any taxpayer acquired as a result of his
|
0024| employment by the department, except:
|
0025| A. to an authorized representative of another state;
|
0001| provided that the receiving state has entered into a written
|
0002| agreement with the department to use the information for tax
|
0003| purposes only and that the receiving state has enacted a
|
0004| confidentiality statute similar to this section;
|
0005| B. to a representative of the secretary of the
|
0006| treasury or the secretary's delegate pursuant to the terms of a
|
0007| reciprocal agreement entered into with the federal government
|
0008| for exchange of such information;
|
0009| C. to the multistate tax commission or its
|
0010| authorized representative; provided that the information is used
|
0011| for tax purposes only and is disclosed by the multistate tax
|
0012| commission only to states [which] that have met the
|
0013| requirements of Subsection A of this section;
|
0014| D. to a district court or an appellate court or a
|
0015| federal court:
|
0016| (1) in response to an order thereof in an
|
0017| action relating to taxes to which the state is a party and in
|
0018| which the information sought is about a taxpayer who is party to
|
0019| the action and is material to the inquiry, in which case only
|
0020| that information may be required to be produced in court and
|
0021| admitted in evidence subject to court order protecting the
|
0022| confidentiality of the information and no more;
|
0023| (2) in any action in which the department is
|
0024| attempting to enforce an act with which the department is
|
0025| charged or to collect a tax; or
|
0001| (3) in any matter in which the department is a
|
0002| party and the taxpayer has put his own liability for taxes at
|
0003| issue, in which case only that information regarding the
|
0004| taxpayer who is party to the action may be produced, but this
|
0005| shall not prevent the disclosure of department policy or
|
0006| interpretation of law arising from circumstances of a taxpayer
|
0007| who is not a party;
|
0008| E. to the taxpayer or to the taxpayer's authorized
|
0009| representative; provided, however, that nothing in this
|
0010| subsection shall be construed to require any employee to testify
|
0011| in a judicial proceeding except as provided in Subsection D of
|
0012| this section;
|
0013| F. information obtained through the administration
|
0014| of any law not subject to administration and enforcement under
|
0015| the provisions of the Tax Administration Act to the extent that
|
0016| release of such information is not otherwise prohibited by law;
|
0017| G. in such manner, for statistical purposes, that
|
0018| the information revealed is not identified as applicable to any
|
0019| individual taxpayer;
|
0020| [H. with reference to any information concerning
|
the tax on tobacco imposed by Sections 7-12-1 through 7-12-17
|
NMSA 1978 to a committee of the legislature for a valid
|
legislative purpose;
|
I.] H. to a transferee, assignee, buyer or lessor
|
0025| of a liquor license, the amount and basis of any unpaid
|
0001| assessment of tax for which his transferor, assignor, seller or
|
0002| lessee is liable;
|
0003| [J.] I. to a purchaser of a business as provided
|
0004| in Sections 7-1-61 through 7-1-64 NMSA 1978, the amount and
|
0005| basis of any unpaid assessment of tax for which the purchaser's
|
0006| seller is liable;
|
0007| [K.] J. to a municipality upon its request for
|
0008| any period specified by that municipality within the twelve
|
0009| months preceding the request for such information by that
|
0010| municipality:
|
0011| (1) the names, taxpayer identification numbers
|
0012| and addresses of registered gross receipts taxpayers reporting
|
0013| gross receipts for that municipality under the Gross Receipts
|
0014| and Compensating Tax Act or a local option gross receipts tax
|
0015| imposed by that municipality. The department may also release,
|
0016| within the twelve months following the request for such
|
0017| information by the municipality, the information described in
|
0018| this paragraph quarterly or upon such other periodic basis as
|
0019| the secretary and the municipality may agree; and
|
0020| (2) information indicating whether persons
|
0021| shown on any list of businesses located within that municipality
|
0022| furnished by the municipality have reported gross receipts to
|
0023| the department but have not reported gross receipts for that
|
0024| municipality under the Gross Receipts and Compensating Tax Act
|
0025| or a local option gross receipts tax imposed by that
|
0001| municipality.
|
0002| The employees of municipalities receiving information as
|
0003| provided in this subsection shall be subject to the penalty
|
0004| contained in Section 7-1-76 NMSA 1978 if such information is
|
0005| revealed to individuals other than other employees of the
|
0006| municipality in question or the department;
|
0007| [L.] K. to the commissioner of public lands for
|
0008| use in auditing that pertains to rentals, royalties, fees and
|
0009| other payments due the state under land sale, land lease or
|
0010| other land use contracts; the commissioner of public lands and
|
0011| employees of the commissioner are subject to the same provisions
|
0012| regarding confidentiality of information as employees of the
|
0013| department;
|
0014| [M.] L. the department shall furnish, upon
|
0015| request by the child support enforcement division of the human
|
0016| services department, the last known address with date of all
|
0017| names certified to the department as being absent parents of
|
0018| children receiving public financial assistance. The child
|
0019| support enforcement division personnel shall use such
|
0020| information only for the purpose of enforcing the support
|
0021| liability of such absent parents and shall not use the
|
0022| information or disclose it for any other purpose; the child
|
0023| support enforcement division and its employees are subject to
|
0024| the provisions of this section with respect to any information
|
0025| acquired from the department;
|
0001| [N. with respect to the tax on gasoline imposed by
|
the Gasoline Tax Act, the department shall make available for
|
public inspection at monthly intervals a report covering the
|
amount and gallonage of gasoline and ethanol blended fuels
|
imported, exported, sold and used, including tax exempt sales to
|
the federal government reported or upon which the gasoline tax
|
was paid, together with a tabulation of taxes received from each
|
distributor in the state of New Mexico;
|
O. the identity of distributors and gallonage
|
reported on returns required under the Gasoline Tax Act or
|
Special Fuels Supplier Tax Act to any distributor or supplier,
|
but only when it is necessary to enable the department to carry
|
out its duties under the Gasoline Tax Act or the Special Fuels
|
Supplier Tax Act;
|
P. the department shall release upon request only
|
the names and addresses of all gasoline or special fuel
|
distributors, wholesalers and retailers to the New Mexico
|
department of agriculture, the employees of which are thereby
|
subject to the penalty contained in Section 7-1-76 NMSA 1978 if
|
such information is revealed to individuals other than employees
|
of either the New Mexico department of agriculture or the
|
department;
|
Q.] M. the department shall answer all inquiries
|
0024| concerning whether a person is or is not a registered taxpayer;
|
0025| [R.] N. upon request of the municipality or the
|
0001| county, the department shall permit officials or employees of
|
0002| the municipality or county to inspect the records of the
|
0003| department pertaining to an increase or decrease to a
|
0004| distribution or transfer made pursuant to Section 7-1-6.15 NMSA
|
0005| 1978 for the purpose of reviewing the basis for the increase or
|
0006| decrease. The municipal or county officials or employees
|
0007| receiving information provided in this subsection shall not
|
0008| reveal that information to any person other than another
|
0009| employee of the municipality or the county, the department or a
|
0010| district court, an appellate court or a federal court in a
|
0011| proceeding relating to a disputed distribution and in which both
|
0012| the state and the municipality or county are parties. Any
|
0013| information provided in this subsection that is revealed other
|
0014| than as provided in this subsection shall subject the person
|
0015| revealing the information to the penalties contained in Section
|
0016| 7-1-76 NMSA 1978;
|
0017| [S.] O. to a county that has in effect any local
|
0018| option gross receipts tax imposed by the county upon its request
|
0019| for any period specified by that county within the twelve months
|
0020| preceding the request for such information by that county:
|
0021| (1) the names, taxpayer identification numbers
|
0022| and addresses of registered gross receipts taxpayers reporting
|
0023| gross receipts either for that county in the case of a local
|
0024| option gross receipts tax imposed on a county-wide basis or only
|
0025| for the areas of that county outside of any incorporated
|
0001| municipalities within that county in the case of a county local
|
0002| option gross receipts tax imposed only in areas of the county
|
0003| outside of any incorporated municipalities. The department may
|
0004| also release within the twelve months following the request for
|
0005| such information by the county the information described in this
|
0006| paragraph quarterly or upon such other periodic basis as the
|
0007| secretary and the county may agree;
|
0008| (2) in the case of a local option gross
|
0009| receipts tax imposed by a county on a county-wide basis,
|
0010| information indicating whether persons shown on any list of
|
0011| businesses located within the county furnished by the county
|
0012| have reported gross receipts to the department but have not
|
0013| reported gross receipts for that county under the Gross Receipts
|
0014| and Compensating Tax Act or a local option gross receipts tax
|
0015| imposed by that county on a county-wide basis; and
|
0016| (3) in the case of a local option gross
|
0017| receipts tax imposed by a county only on persons engaging in
|
0018| business in that area of the county outside of any incorporated
|
0019| municipalities, information indicating whether persons shown on
|
0020| any list of businesses located in the area of that county
|
0021| outside of any incorporated municipalities within that county
|
0022| furnished by the county have reported gross receipts to the
|
0023| department but have not reported gross receipts for the area of
|
0024| that county outside of any incorporated municipalities within
|
0025| that county under the Gross Receipts and Compensating Tax Act or
|
0001| any local option gross receipts tax imposed by the county only
|
0002| on persons engaging in business in that area of the county
|
0003| outside of any incorporated municipalities.
|
0004| The officers and employees of counties receiving
|
0005| information as provided in this subsection shall be subject to
|
0006| the penalty contained in Section 7-1-76 NMSA 1978 if such
|
0007| information is revealed to individuals other than other officers
|
0008| or employees of the county in question or the department;
|
0009| [T.] P. to authorized representatives of an
|
0010| Indian nation, tribe or pueblo, the territory of which is
|
0011| located wholly or partially within New Mexico, pursuant to the
|
0012| terms of a reciprocal agreement entered into with the Indian
|
0013| nation, tribe or pueblo for the exchange of such information for
|
0014| tax purposes only; provided that the Indian nation, tribe or
|
0015| pueblo has enacted a confidentiality statute similar to this
|
0016| section;
|
0017| [U.] Q. information with respect to the taxes or
|
0018| tax acts administered pursuant to Subsection B of Section 7-1-2
|
0019| NMSA 1978, except that:
|
0020| (1) information for or relating to any period
|
0021| prior to July 1, 1985 with respect to Sections [7-25-1 through
|
7-25-9 and] 7-26-1 through [7-26-9] 7-26-8 NMSA 1978 may be
|
0023| released only to a committee of the legislature for a valid
|
0024| legislative purpose;
|
0025| (2) contracts and other agreements between the
|
0001| taxpayer and other parties and the proprietary information
|
0002| contained in such contracts and agreements shall not be released
|
0003| without the consent of all parties to the contract or agreement;
|
0004| and
|
0005| (3) audit workpapers and the proprietary
|
0006| information contained in such workpapers shall not be released
|
0007| except to a person having a legal interest in the property that
|
0008| is subject to the audit, to a purchaser of products severed from
|
0009| a property subject to the audit or to the authorized
|
0010| representative of either, but this paragraph does not prohibit
|
0011| the release of any proprietary information contained in the
|
0012| workpapers that is also available from returns or from other
|
0013| sources not subject to the provisions of this section;
|
0014| [V.] R. information with respect to the taxes,
|
0015| surtaxes, advance payments or tax acts administered pursuant to
|
0016| Subsection C of Section 7-1-2 NMSA 1978;
|
0017| [W. to the state corporation commission,
|
information with respect to the Corporate Income and Franchise
|
Tax Act required to enable the commission to carry out its
|
duties;
|
X.] S. to the state racing commission,
|
0022| information with respect to the state, municipal and county
|
0023| gross receipts taxes paid by race tracks;
|
0024| [Y.] T. upon request of a corporation authorized
|
0025| to be formed under the Educational Assistance Act, the
|
0001| department shall furnish the last known address and the date of
|
0002| that address of every person certified to the department as
|
0003| being an absent obligor of an educational debt that is due and
|
0004| owed to the corporation or that the corporation has lawfully
|
0005| contracted to collect. The corporation and its officers and
|
0006| employees shall use such information only for the purpose of
|
0007| enforcing the educational debt obligation of such absent
|
0008| obligors and shall not disclose that information or use it for
|
0009| any other purpose;
|
0010| [Z.] U. any decision and order made by a hearing
|
0011| officer pursuant to Section 7-1-24 NMSA 1978 with respect to a
|
0012| protest filed with the secretary on or after July 1, 1993;
|
0013| [AA.] V. information required by any provision
|
0014| of the Tax Administration Act to be made available to the public
|
0015| by the department;
|
0016| [BB.] W. upon request by the Bernalillo county
|
0017| metropolitan court, the department shall furnish the last known
|
0018| address and the date of that address for every person certified
|
0019| to the department by the court as being a person who owes fines,
|
0020| fees or costs to the court or who has failed to appear pursuant
|
0021| to a court order or a promise to appear; and
|
0022| [CC.] X. upon request by a magistrate court, the
|
0023| department shall furnish the last known address and the date of
|
0024| that address for every person certified to the department by the
|
0025| court as being a person who owes fines, fees or costs to the
|
0001| court or who has failed to appear pursuant to a court order or a
|
0002| promise to appear."
|
0003| Section 4. Section 7-1-13.1 NMSA 1978 (being Laws 1988,
|
0004| Chapter 99, Section 3, as amended) is amended to read:
|
0005| "7-1-13.1. METHOD OF PAYMENT OF CERTAIN TAXES DUE.--
|
0006| A. Payment of the taxes, including any applicable
|
0007| penalties and interest, described in Paragraph (1) or (2) [or
|
(3)] of this subsection shall be made on or before the date due
|
0009| in accordance with Subsection B of this section if the
|
0010| taxpayer's average tax payment for the group of taxes during the
|
0011| preceding calendar year equaled or exceeded twenty-five thousand
|
0012| dollars ($25,000):
|
0013| (1) Group 1: all taxes due under [the
|
Withholding Tax Act,] the Gross Receipts and Compensating Tax
|
0015| Act and the local option gross receipts tax acts [the
|
Interstate Telecommunications Gross Receipts Tax Act and the
|
Leased Vehicles Gross Receipts Tax Act]; or
|
0018| (2) Group 2: all taxes due under the Oil and
|
0019| Gas Severance Tax Act [the Oil and Gas Conservation Tax Act,
|
the Oil and Gas Emergency School Tax Act] and the Oil and Gas
|
0021| Ad Valorem Production Tax Act. [or
|
(3) Group 3: the tax due under the Natural Gas
|
Processors Tax Act.]
|
0024| For taxpayers who have more than one identification number
|
0025| issued by the department, the average tax payment shall be
|
0001| computed by combining the amounts paid under the several
|
0002| identification numbers.
|
0003| B. Taxpayers who are required to make payment in
|
0004| accordance with the provisions of this section shall make
|
0005| payment by one or more of the following means on or before the
|
0006| due date so that funds are immediately available to the state on
|
0007| or before the due date:
|
0008| (1) automated clearinghouse transactions to
|
0009| allow deposit and fund availability to the state on or before
|
0010| the due date and containing the information required by the
|
0011| department;
|
0012| (2) [a] transfer of funds through the wire
|
0013| transfer system operated by the federal reserve system, which
|
0014| provides immediate availability of funds to the state on or
|
0015| before the due date and containing the information required by
|
0016| the department;
|
0017| (3) currency of the United States;
|
0018| (4) check drawn on and payable at any New
|
0019| Mexico financial institution provided that the check is received
|
0020| by the department at the place and time required by the
|
0021| department at least one banking day prior to the due date; or
|
0022| (5) check drawn on and payable at any domestic
|
0023| non-New Mexico financial institution provided that the check is
|
0024| received by the department at the time and place required by the
|
0025| department at least two banking days prior to the due date.
|
0001| C. If the taxes required to be paid under this
|
0002| section are not paid in accordance with Subsection B of this
|
0003| section, the payment is not timely and is subject to the
|
0004| provisions of Sections 7-1-67 and 7-1-69 NMSA 1978. When an
|
0005| automated clearinghouse transaction is reversed or a check is
|
0006| dishonored by the taxpayer's financial institution, neither the
|
0007| department nor the fiscal agent is obligated to resubmit the
|
0008| automated clearinghouse transaction or check for payment. If
|
0009| the reversal or dishonoring causes the final payment of taxes to
|
0010| be not timely under the provisions of this section, then the
|
0011| provisions of Sections 7-1-67 and 7-1-69 NMSA 1978 apply.
|
0012| D. For the purposes of this section:
|
0013| (1) "automated clearinghouse transaction" means
|
0014| an electronic credit or debit transmitted through an automated
|
0015| clearinghouse payable to the state treasurer and deposited with
|
0016| the fiscal agent of the state;
|
0017| (2) "average tax payment" means the total
|
0018| amount of taxes paid with respect to a group of taxes listed
|
0019| under Subsection A of this section during a calendar year
|
0020| divided by the number of months in that calendar year containing
|
0021| a due date on which the taxpayer was required to pay one or more
|
0022| taxes in the group; and
|
0023| (3) "financial institution" means any state or
|
0024| nationally chartered federally insured depository institution."
|
0025| Section 5. Section 7-1-26 NMSA 1978 (being Laws 1965,
|
0001| Chapter 248, Section 28, as amended) is amended to read:
|
0002| "7-1-26. CLAIM FOR REFUND.--
|
0003| A. Any person who believes that an amount of tax has
|
0004| been paid by or withheld from that person in excess of that for
|
0005| which the person was liable, who has been denied any credit or
|
0006| rebate claimed or who claims a prior right to property in the
|
0007| possession of the department pursuant to a levy made under
|
0008| authority of Sections 7-1-31 through 7-1-34 NMSA 1978 may claim
|
0009| a refund by directing to the secretary, within the time limited
|
0010| by the provisions of Subsections B and C [and D] of this
|
0011| section, a written claim for refund. Every claim for refund
|
0012| shall state the nature of the person's complaint and contain
|
0013| information sufficient to allow processing of the claim, except
|
0014| as provided in Subsection G of this section. The secretary or
|
0015| the secretary's delegate may allow the claim in whole or in part
|
0016| or may deny the claim. If the claim is denied in whole or in
|
0017| part in writing, the claim may not be refiled. If the claim is
|
0018| not granted in full, the person, within ninety days after either
|
0019| the mailing of the denial of all or any part of the claim, may
|
0020| elect to pursue one, but not more than one, of the remedies in
|
0021| Paragraphs (1) and (2) of this subsection. If the department
|
0022| has neither granted nor denied any portion of a claim for refund
|
0023| within one hundred twenty days of the date the claim was mailed
|
0024| or delivered to the department, the person may refile it within
|
0025| the time limits set forth in Subsection B of this section or
|
0001| may, within ninety days, elect to pursue one, but only one, of
|
0002| the remedies in Paragraphs (1) and (2) of this subsection. In
|
0003| any case, if a person does timely pursue more than one remedy,
|
0004| the person shall be deemed to have elected the first remedy
|
0005| invoked. The remedies are as follows:
|
0006| (1) the person may direct to the secretary a
|
0007| written protest against the denial of, or failure to either
|
0008| allow or deny, the claim, which shall be set for hearing by a
|
0009| hearing officer designated by the secretary promptly after the
|
0010| receipt of the protest in accordance with the provisions of
|
0011| Section 7-1-24 NMSA 1978 and pursue the remedies of appeal from
|
0012| decisions adverse to the protestant as provided in Section
|
0013| 7-1-25 NMSA 1978; or
|
0014| (2) the person may commence a civil action in
|
0015| the district court for Santa Fe county by filing a complaint
|
0016| setting forth the circumstance of the claimed overpayment,
|
0017| alleging that on account thereof the state is indebted to the
|
0018| plaintiff in the amount stated, together with any interest
|
0019| allowable, demanding the refund to the plaintiff of that amount
|
0020| and reciting the facts of the claim for refund. The plaintiff
|
0021| or the secretary may appeal from any final decision or order of
|
0022| the district court to the court of appeals.
|
0023| B. Except as otherwise provided in [Subsections]
|
0024| Subsection C [and D] of this section, no credit or refund of
|
0025| any amount may be allowed or made to any person unless as the
|
0001| result of a claim made by that person as provided in this
|
0002| section:
|
0003| (1) within three years of the end of the
|
0004| calendar year in which:
|
0005| (a) the payment was originally due or the
|
0006| overpayment resulted from an assessment by the department
|
0007| pursuant to Section 7-1-17 NMSA 1978, whichever is later;
|
0008| (b) the final determination of value
|
0009| occurs with respect to any overpayment that resulted from a
|
0010| disapproval by any agency of the United States or the state of
|
0011| New Mexico or any court of increase in value of a product
|
0012| subject to taxation under the Oil and Gas Severance Tax Act
|
0013| [the Oil and Gas Conservation Tax Act, the Oil and Gas
|
Emergency School Tax Act] and the Oil and Gas Ad Valorem
|
0015| Production Tax Act [or the Natural Gas Processors Tax Act]; or
|
0016| (c) property was levied upon pursuant to
|
0017| the provisions of the Tax Administration Act;
|
0018| (2) within one year of the date an assessment
|
0019| of tax is made or a proceeding begun in court by the department
|
0020| with respect to any period that is covered by a waiver signed on
|
0021| or after July 1, 1993 by the taxpayer pursuant to Subsection F
|
0022| of Section 7-1-18 NMSA 1978; or
|
0023| (3) for assessments made on or after July 1,
|
0024| 1993, within one year of the date of an assessment of tax made
|
0025| under Subsection B, C or D of Section 7-1-18 NMSA 1978 when the
|
0001| assessment applies to a period ending at least three years prior
|
0002| to the beginning of the year in which the assessment was made,
|
0003| but the claim for refund shall not be made with respect to any
|
0004| period not covered by the assessment.
|
0005| [C. No credit or refund shall be allowed or made to
|
any person claiming a refund of gasoline tax under Section
|
7-13-11 NMSA 1978 unless notice of the destruction of the
|
gasoline was given the department within thirty days of the
|
actual destruction and the claim for refund is made within six
|
months of the date of destruction. No credit or refund shall be
|
allowed or made to any person claiming a refund of gasoline tax
|
under Section 7-13-14 NMSA 1978 unless the refund is claimed
|
within six months of the date of purchase of the gasoline and
|
the gasoline has been used at the time the claim for refund is
|
made.
|
D.] C. If, as a result of an audit by the
|
0017| internal revenue service or the filing of an amended federal
|
0018| return changing a prior election or making any other change for
|
0019| which federal approval is required by the Internal Revenue Code,
|
0020| any adjustment of federal tax is made with the result that there
|
0021| would have been an overpayment of tax if the adjustment to
|
0022| federal tax had been applied to the taxable period to which it
|
0023| relates, claim for credit or refund of only that amount based on
|
0024| the adjustment may be made as provided in this section within
|
0025| one year of the date of the internal revenue service audit
|
0001| adjustment or payment of the federal refund or within the period
|
0002| limited by Subsection B of this section, whichever expires
|
0003| later. Interest, computed at the rate specified in Subsection B
|
0004| of Section 7-1-68 NMSA 1978, shall be allowed on any such claim
|
0005| for refund from the date one hundred twenty days after the claim
|
0006| is made until the date the final decision to grant the credit or
|
0007| refund is made.
|
0008| [E.] D. Any refund of tax paid under any tax or
|
0009| tax act administered under Subsection B of Section 7-1-2 NMSA
|
0010| 1978 may be made, at the discretion of the department, in the
|
0011| form of credit against future tax payments if future tax
|
0012| liabilities in an amount at least equal to the credit amount
|
0013| reasonably may be expected to become due.
|
0014| [F.] E. For the purposes of this section, the
|
0015| term "oil and gas tax return" means a return reporting tax due
|
0016| with respect to oil, natural gas, liquid hydrocarbons or carbon
|
0017| dioxide pursuant to the Oil and Gas Severance Tax Act, [the Oil
|
and Gas Conservation Tax Act, the Oil and Gas Emergency School
|
Tax Act] the Oil and Gas Ad Valorem Production Tax Act [the
|
Natural Gas Processors Tax Act] or the Oil and Gas Production
|
0021| Equipment Ad Valorem Tax Act.
|
0022| [G.] F. The filing of a fully completed original
|
0023| [income tax return, corporate income tax return, corporate
|
income and franchise tax return, estate tax return or special
|
fuel excise tax return that shows a balance due the taxpayer or
|
a fully completed amended income tax return, an amended
|
corporate income tax return, an amended corporate income and
|
franchise tax return, an amended estate tax return, an amended
|
special fuel excise tax return] or an amended oil and gas tax
|
0005| return that shows a lesser tax liability than the original
|
0006| return constitutes the filing of a claim for refund for the
|
0007| difference in tax due shown on the original and amended
|
0008| returns."
|
0009| Section 6. Section 7-1-29 NMSA 1978 (being Laws 1965,
|
0010| Chapter 248, Section 31, as amended) is amended to read:
|
0011| "7-1-29. AUTHORITY TO MAKE REFUNDS OR CREDITS.--
|
0012| A. In response to a claim for refund made as
|
0013| provided in Section 7-1-26 NMSA 1978, but before any court
|
0014| acquires jurisdiction of the matter, the secretary or the
|
0015| secretary's delegate may authorize the refund to a person of the
|
0016| amount of any overpayment of tax determined by the secretary or
|
0017| the secretary's delegate to have been erroneously made by the
|
0018| person, together with allowable interest. Any refund of tax and
|
0019| interest erroneously paid and amounting to more than five
|
0020| thousand dollars ($5,000) may be made to any one person only
|
0021| with the prior approval of the attorney general, except that
|
0022| [(1)] refunds with respect to the Oil and Gas Severance Tax
|
0023| Act, [the Oil and Gas Conservation Tax Act, the Oil and Gas
|
Emergency School Tax Act,] the Oil and Gas Ad Valorem
|
0025| Production Tax Act [the Natural Gas Processors Tax Act] or the
|
0001| Oil and Gas Production Equipment Ad Valorem Tax Act [refunds of
|
gasoline tax made under Sections 7-13-13 through 7-13-15 NMSA
|
1978 and refunds of cigarette tax made under the Cigarette Tax
|
Act] may be made without the prior approval of the attorney
|
0005| general regardless of the amount. [and
|
(2) refunds with respect to the Corporate
|
Income and Franchise Tax Act amounting to less than twenty
|
thousand dollars ($20,000) may be made without the prior
|
approval of the attorney general.]
|
0010| B. Pursuant to the final order of the district
|
0011| court, the court of appeals, the supreme court of New Mexico or
|
0012| any federal court, from which order, appeal or review is not
|
0013| successfully taken, adjudging that any person has made an
|
0014| overpayment of tax, the secretary shall authorize the refund to
|
0015| the person of the amount thereof.
|
0016| C. In the discretion of the secretary, any amount of
|
0017| tax due to be refunded may be offset against any amount of tax
|
0018| for the payment of which the person due to receive the refund is
|
0019| liable.
|
0020| D. Records of refunds made in excess of five
|
0021| thousand dollars ($5,000) shall be available for inspection by
|
0022| the public. The department shall keep such records for a
|
0023| minimum of three years from the date of the refund."
|
0024| Section 7. Section 7-1-61 NMSA 1978 (being Laws 1965,
|
0025| Chapter 248, Section 62, as amended) is amended to read:
|
0001| "7-1-61. DUTY OF SUCCESSOR IN BUSINESS.--
|
0002| A. As used in Sections 7-1-61 through 7-1-64 NMSA
|
0003| 1978, "tax" means the amount of tax due imposed by provisions of
|
0004| the Gross Receipts and Compensating Tax Act, [the Liquor Excise
|
Tax Act, the Resources Excise Tax Act] the County Fire
|
0006| Protection Excise Tax Act or any municipal or county sales or
|
0007| gross receipts tax.
|
0008| B. The tangible and intangible property used in any
|
0009| business remains subject to liability for payment of the tax due
|
0010| on account of that business to the extent stated herein, even
|
0011| though the business changes hands.
|
0012| C. If any person liable for any amount of tax sells
|
0013| out his business, the purchaser shall withhold and place in a
|
0014| trust account sufficient of the purchase price to cover such
|
0015| amount until the secretary issues a certificate stating that no
|
0016| amount is due or he shall pay over the amount due to the
|
0017| department upon proper demand therefor by the secretary."
|
0018| Section 8. Section 7-1-68 NMSA 1978 (being Laws 1965,
|
0019| Chapter 248, Section 69, as amended) is amended to read:
|
0020| "7-1-68. INTEREST ON OVERPAYMENTS.--
|
0021| A. As provided in this section, interest shall be
|
0022| allowed and paid on the amount of tax overpaid by a person which
|
0023| is subsequently refunded or credited to that person.
|
0024| B. Interest payable on overpayments of tax shall be
|
0025| paid at the rate of fifteen percent a year, computed at the rate
|
0001| of one and one-fourth percent per month or fraction thereof.
|
0002| C. Unless otherwise provided by this section,
|
0003| interest on an overpayment not arising from an assessment by the
|
0004| department shall be paid from the date the claim for refund was
|
0005| made until a date preceding by not more than thirty days the
|
0006| date on which the amount thereof is credited or refunded to any
|
0007| person; interest on an overpayment arising from an assessment by
|
0008| the department shall be paid from the date overpayment was made
|
0009| until a date preceding by not more than thirty days the date on
|
0010| which the amount thereof is credited or refunded to any person.
|
0011| D. No interest shall be allowed or paid with respect
|
0012| to an amount credited or refunded if:
|
0013| (1) the amount of interest due is less than one
|
0014| dollar ($1.00);
|
0015| [(2) the credit or refund is made within
|
seventy-five days of the date of the claim for refund of income
|
tax, pursuant to either the Income Tax Act or the Corporate
|
Income and Franchise Tax Act, for the tax year immediately
|
preceding the tax year in which the claim is made;
|
(3) the credit or refund is made within one
|
hundred twenty days of the date of the claim for refund of
|
income tax, pursuant to the Income Tax Act, the Corporate Income
|
Tax Act, the Corporate Income and Franchise Tax Act or the
|
Banking and Financial Corporations Tax Act, for any tax year
|
more than one year prior to the year in which the claim is made;
|
(4)] (2) Sections 6611(f) and 6611(g) of the
|
0002| United States Internal Revenue Code of 1986, as those sections
|
0003| may be amended or renumbered, prohibit payment of interest for
|
0004| federal income tax purposes; or
|
0005| [(5)] (3) the credit or refund is made
|
0006| within sixty days of the date of the claim for refund of any tax
|
0007| other than income tax. [or
|
(6) gasoline tax is refunded or credited under
|
the Gasoline Tax Act to users of gasoline off the highways.]"
|
0010| Section 9. Section 7-1-69 NMSA 1978 (being Laws 1965,
|
0011| Chapter 248, Section 70, as amended) is amended to read:
|
0012| "7-1-69. CIVIL PENALTY FOR FAILURE TO PAY TAX OR FILE A
|
0013| RETURN.--
|
0014| A. In the case of failure, due to negligence or
|
0015| disregard of rules and regulations, but without intent to
|
0016| defraud, to pay when due any amount of tax required to be paid
|
0017| or to file by the date required a return regardless of whether
|
0018| any tax is due, there shall be added to the amount as penalty
|
0019| the greater of:
|
0020| (1) two percent per month or any fraction of a
|
0021| month from the date the tax was due multiplied by the amount of
|
0022| tax due but not paid, not to exceed ten percent of the tax due
|
0023| but not paid;
|
0024| (2) two percent per month or any fraction of a
|
0025| month from the date the return was required to be filed
|
0001| multiplied by the tax liability established in the late return,
|
0002| not to exceed ten percent of the tax liability established in
|
0003| the late return; or
|
0004| (3) a minimum of five dollars ($5.00) [but the
|
five dollar ($5.00) minimum penalty shall not apply to taxes
|
levied under the Income Tax Act or] except for taxes
|
0007| administered by the department pursuant to Subsection B of
|
0008| Section 7-1-2 NMSA 1978.
|
0009| B. In the case of failure, with intent to defraud
|
0010| the state, to pay when due any amount of tax required to be
|
0011| paid, there shall be added to the amount fifty percent of the
|
0012| tax or a minimum of twenty-five dollars ($25.00), whichever is
|
0013| greater, as penalty.
|
0014| C. In the case of failure to pay the amount of tax
|
0015| required to be paid in accordance with Section 7-1-13.1 NMSA
|
0016| 1978 in the manner required by that section, there shall be
|
0017| added to the amount due a penalty of two percent of the amount
|
0018| due, except that if a penalty is required to be imposed by this
|
0019| subsection and a penalty is also required to be imposed under
|
0020| Subsection A of this section, the penalty shall be imposed and
|
0021| collected pursuant to Subsection A of this section only."
|
0022| Section 10. Section 59A-6-4 NMSA 1978 (being Laws 1984,
|
0023| Chapter 127, Section 104, as amended) is amended to read:
|
0024| "59A-6-4. PENALTY FOR FAILURE TO REPORT OR PAY [TAX OR]
|
0025| FEES.--Every insurer, nonprofit health care plan, health
|
0001| maintenance organization, prepaid dental plan or prearranged
|
0002| funeral plan transacting business in New Mexico that fails to
|
0003| [file when due any report for taxation, regardless of whether
|
tax is due, or to] pay when due any [tax or] fees as required
|
0005| in this article shall be liable to the state for the amount
|
0006| thereof and for penalty of one thousand dollars ($1,000) for
|
0007| each month or part thereof it has failed to [file the report or
|
pay the tax or] pay the fees after demand therefor. Services
|
0009| of process in any action against a person to recover the [tax]
|
0010| fee or penalty may be made upon the superintendent as attorney
|
0011| for service of process as provided in Section 59A-5-32 NMSA
|
0012| 1978."
|
0013| Section 11. Section 59A-6-5 NMSA 1978 (being Laws 1984,
|
0014| Chapter 127, Section 105, as amended) is amended to read:
|
0015| "59A-6-5. DISTRIBUTION OF INSURANCE DEPARTMENT
|
0016| COLLECTIONS.--
|
0017| A. All money received by the insurance department or
|
0018| insurance board for fees, licenses and penalties, [and
|
taxes] except as provided by the Law Enforcement Protection
|
0020| Fund Act, shall be paid daily by the superintendent to the state
|
0021| treasurer and by him credited to the "insurance department
|
0022| suspense fund" heretofore created and now existing.
|
0023| B. The superintendent, with approval of the
|
0024| corporation commission or insurance board, as the case may be
|
0025| related to the money involved, may authorize refund of money
|
0001| erroneously paid as fees, licenses or penalties [or taxes]
|
0002| from the insurance department suspense fund under request for
|
0003| refund made within three years after the erroneous payment.
|
0004| C. At the end of every month the state treasurer
|
0005| shall transfer to the "fire protection fund" the balance
|
0006| remaining in the insurance department suspense fund after
|
0007| applicable refunds made therefrom under Subsection B of this
|
0008| section, and derived from property and vehicle insurance
|
0009| business, and transfer to the general fund the balance remaining
|
0010| in the insurance department suspense fund derived from all other
|
0011| kinds of insurance business."
|
0012| Section 12. Section 59A-6-6 NMSA 1978 (being Laws 1984,
|
0013| Chapter 127, Section 106, as amended) is amended to read:
|
0014| "59A-6-6. [PREEMPTION AND] IN LIEU PROVISION.--[The
|
state government of New Mexico preempts the field of taxation of
|
insurers, nonprofit health care plans, health maintenance
|
organizations, prepaid dental plans, prearranged funeral plans
|
and insurance agents and solicitors as such, and payment of the
|
taxes,] Payment of licenses and fees provided for in the
|
0020| Insurance Code shall be in lieu of all other [taxes,] licenses
|
0021| and fees of every kind now or hereafter imposed by this state or
|
0022| any political subdivision thereof on any [of the foregoing
|
specified entities] insurers, nonprofit health care plans,
|
0024| health maintenance organizations, prepaid dental plans,
|
0025| prearranged funeral plans and insurance agents and solicitors,
|
0001| excepting the regular state, county and city taxes on property
|
0002| located in New Mexico and excepting the income tax on agents
|
0003| and solicitors. As used in this section, "agent" does not
|
0004| include insurance adjusters. No provision of law enacted after
|
0005| January 1, 1985 shall be deemed to modify this provision except
|
0006| by express reference to this section."
|
0007| Section 13. REPEAL.--Sections 7-1-6.2, 7-1-6.4 through
|
0008| 7-1-6.11, 7-1-6.18, 7-1-6.19, 7-1-6.21, 7-1-6.24 through
|
0009| 7-1-6.28, 7-1-6.34 through 7-1-6.36, 7-1-6.38, 7-1-6.39, 7-1-14,
|
0010| 7-1-26.1, 7-1-55 and 7-1-71.1 NMSA 1978 (being Laws 1983,
|
0011| Chapter 211, Sections 7 and 9 through 11, Laws 1994, Chapter 5,
|
0012| Section 2, Laws 1983, Chapter 211, Section 13, Laws 1991,
|
0013| Chapter 9, Section 11, Laws 1983, Chapter 211, Sections 15 and
|
0014| 16, Laws 1987, Chapter 257, Section 1, Laws 1991, Chapter 9,
|
0015| Section 15, Laws 1985, Chapter 65, Section 7, Laws 1987, Chapter
|
0016| 265, Section 3, Laws 1988, Chapter 70, Section 9, Laws 1987,
|
0017| Chapter 347, Section 11, Laws 1991, Chapter 9, Sections 20 and
|
0018| 22, Laws 1992, Chapter 108, Sections 3 and 2, Laws 1992, Chapter
|
0019| 50, Section 13 and Laws 1992, Chapter 67, Section 13, Laws 1994,
|
0020| Chapter 145, Section 1, Laws 1995, Chapter 6, Section 9, Laws
|
0021| 1969, Chapter 145, Section 1, Laws 1991, Chapter 9, Section 23,
|
0022| Laws 1975, Chapter 251, Section 3 and Laws 1985, Chapter 65,
|
0023| Section 19, as amended) are repealed.
|
0024| Section 14. REPEAL.--Sections 7-2-1 through 7-2-4,
|
0025| 7-2-5.2, 7-2-5.4 through 7-2-5.6, 7-2-7, 7-2-7.1, 7-2-9 through
|
0001| 7-2-14, 7-2-14.3 through 7-2-14.5, 7-2-18 through
|
0002| 7-2-18.4, 7-2-20 through 7-2-24.1 and 7-2-27 through 7-2-31 NMSA
|
0003| 1978 (being Laws 1965, Chapter 202, Section 1, Laws 1986,
|
0004| Chapter 20, Section 26, Laws 1965, Chapter 202, Sections 3 and
|
0005| 4, Laws 1985, Chapter 114, Section 1, Laws 1988, Chapter 59,
|
0006| Section 1, Laws 1995, Chapter 42, Section 1, Laws 1995, Chapter
|
0007| 93, Section 8, Laws 1994, Chapter 5, Section 20, Laws 1980,
|
0008| Chapter 102, Section 1, Laws 1965, Chapter 202, Sections 7
|
0009| through 10, Laws 1990, Chapter 23, Section 1, Laws 1965, Chapter
|
0010| 202, Section 11, Laws 1972, Chapter 20, Section 2, Laws 1994,
|
0011| Chapter 111, Sections 1 through 3, Laws 1977, Chapter 196,
|
0012| Section 1, Laws 1981, Chapter 170, Section 1, Laws 1984, Chapter
|
0013| 34, Section 1, Laws 1994, Chapter 5, Section 17, Laws 1994,
|
0014| Chapter 115, Section 1, Laws 1965, Chapter 202, Sections 13 and
|
0015| 14, Laws 1981, Chapter 37, Section 32, Laws 1965, Chapter 202,
|
0016| Section 18, Laws 1981, Chapter 343, Sections 1 and 2, Laws 1992,
|
0017| Chapter 108, Section 4, Laws 1987, Chapter 257, Sections 2 and
|
0018| 3, Laws 1987, Chapter 265, Sections 1 and 2 and Laws 1992,
|
0019| Chapter 108, Section 1, as amended) are repealed.
|
0020| Section 15. REPEAL.--Sections 7-2A-1 through 7-2A-8,
|
0021| 7-2A-8.3, 7-2A-8.4, 7-2A-8.6 and 7-2A-9 through 7-2A-15 NMSA
|
0022| 1978 (being Laws 1981, Chapter 37, Section 34, Laws 1986,
|
0023| Chapter 20, Section 33, Laws 1981, Chapter 37, Sections 36
|
0024| through 38, Laws 1986, Chapter 20, Section 37, Laws 1981,
|
0025| Chapter 37, Sections 39 through 41, Laws 1983, Chapter 213,
|
0001| Sections 12 and 13, Laws 1984, Chapter 34, Section 2, Laws 1981,
|
0002| Chapter 37, Section 42, Laws 1986, Chapter 5, Section 1, Laws
|
0003| 1990, Chapter 23, Section 2, Laws 1981, Chapter 37, Sections 43
|
0004| through 46, Laws 1983, Chapter 218, Section 1 and Laws 1994,
|
0005| Chapter 115, Section 2, as amended) are repealed.
|
0006| Section 16. REPEAL.--Sections 7-2D-1, 7-2D-2 and 7-2D-4
|
0007| through 7-2D-14 NMSA 1978 (being Laws 1993, Chapter 313,
|
0008| Sections 1, 2 and 4 through 8, Laws 1995, Chapter 89, Section 8
|
0009| and Laws 1993, Chapter 313, Sections 9 through 14, as amended)
|
0010| are repealed.
|
0011| Section 17. REPEAL.--Sections 7-3-1 through 7-3-11 NMSA
|
0012| 1978 (being Laws 1961, Chapter 243, Section 1, Laws 1990,
|
0013| Chapter 64, Section 1, Laws 1961, Chapter 243, Sections 3
|
0014| through 5, Laws 1969, Chapter 25, Section 1, Laws 1961, Chapter
|
0015| 243, Sections 8, 9, 11 and 18 and Laws 1990, Chapter 64, Section
|
0016| 9, as amended) are repealed.
|
0017| Section 18. REPEAL.--Sections 7-4-1 through 7-4-21 NMSA
|
0018| 1978 (being Laws 1965, Chapter 203, Sections 1 through 9, Laws
|
0019| 1993, Chapter 153, Sections 1 and 2 and Laws 1965, Chapter 203,
|
0020| Sections 11 through 21, as amended) are repealed.
|
0021| Section 19. REPEAL.--Sections 7-5-1 through 7-5-7 NMSA
|
0022| 1978 (being Laws 1967, Chapter 56, Sections 1 through 6 and 8,
|
0023| as amended) are repealed.
|
0024| Section 20. REPEAL.--Sections 7-7-1 through 7-7-12 NMSA
|
0025| 1978 (being Laws 1973, Chapter 345, Sections 1 through 12, as
|
0001| amended) are repealed.
|
0002| Section 21. REPEAL.--Sections 7-7-15 through 7-7-20 NMSA
|
0003| 1978 (being Laws 1983, Chapter 209, Sections 1 through 6, as
|
0004| amended) are repealed.
|
0005| Section 22. REPEAL.--Sections 7-9-3.2, 7-9-4, 7-9-4.3,
|
0006| 7-9-7 through 7-9-10, 7-9-12, 7-9-13 through 7-9-20, 7-9-22
|
0007| through 7-9-41, 7-9-43 through 7-9-60, 7-9-61.1 through 7-9-71,
|
0008| 7-9-73 through 7-9-79.1 and 7-9.82 through 7-9-87 NMSA 1978
|
0009| (being Laws 1991, Chapter 8, Section 1, Laws 1966, Chapter 47,
|
0010| Section 4, Laws 1991, Chapter 8, Section 2, Laws 1966, Chapter
|
0011| 47, Section 7, Laws 1995, Chapter 50, Section 2, Laws 1966,
|
0012| Chapter 47, Sections 8 through 10, Laws 1969, Chapter 144,
|
0013| Sections 5 and 6, Laws 1989, Chapter 262, Section 4, Laws 1992,
|
0014| Chapter 100, Section 3, Laws 1969, Chapter 144, Section 7, Laws
|
0015| 1970, Chapter 12, Section 1, Laws 1969, Chapter 144, Sections 9
|
0016| through 11, Laws 1987, Chapter 264, Section 13, Laws 1969,
|
0017| Chapter 144, Section 12, Laws 1988, Chapter 82, Section 1, Laws
|
0018| 1969, Chapter 144, Section 15, Laws 1987, Chapter 247, Section
|
0019| 1, Laws 1969, Chapter 144, Section 16, Laws 1987, Chapter 247,
|
0020| Section 2, Laws 1969, Chapter 144, Sections 17 through 21, Laws
|
0021| 1970, Chapter 12, Section 3, Laws 1969, Chapter 144, Sections 23
|
0022| through 31, Laws 1992, Chapter 50, Section 12 and Laws 1992,
|
0023| Chapter 67, Section 12, Laws 1969, Chapter 144, Section 32, Laws
|
0024| 1970, Chapter 60, Section 2, Laws 1972, Chapter 61, Section 2,
|
0025| Laws 1966, Chapter 47, Section 13, Laws 1981, Chapter 333,
|
0001| Section 1, Laws 1969, Chapter 144, Sections 34 through 41, Laws
|
0002| 1993, Chapter 31, Section 14, Laws 1969, Chapter 144, Sections
|
0003| 42 through 44, Laws 1992, Chapter 40, Section 1, Laws 1995,
|
0004| Chapter 183, Section 2, Laws 1969, Chapter 144, Sections 45 and
|
0005| 46, Laws 1994, Chapter 112, Section 2, Laws 1969, Chapter 144,
|
0006| Sections 47 through 49, Laws 1970, Chapter 12, Section 4, Laws
|
0007| 1981, Chapter 37, Section 52, Laws 1969, Chapter 144, Sections
|
0008| 52 through 54, 56 and 57, Laws 1984, Chapter 129, Section 2,
|
0009| Laws 1969, Chapter 144, Sections 58 and 60 through 63, Laws
|
0010| 1970, Chapter 78, Section 2, Laws 1991, Chapter 8, Section 3,
|
0011| Laws 1971, Chapter 217, Section 2, Laws 1972, Chapter 39,
|
0012| Section 2, Laws 1977, Chapter 288, Section 2, Laws 1979, Chapter
|
0013| 338, Section 7, Laws 1984, Chapter 2, Section 6, Laws 1966,
|
0014| Chapter 47, Section 15, Laws 1969, Chapter 144, Section 65, Laws
|
0015| 1966, Chapter 47, Section 16, Laws 1989, Chapter 262, Section 8,
|
0016| Laws 1986, Chapter 20, Section 68, Laws 1993, Chapter 364,
|
0017| Sections 1 and 2, Laws 1994, Chapter 43, Section 1, Laws 1995,
|
0018| Chapter 80, Section 1 and Laws 1995, Chapter 155, Section 35, as
|
0019| amended) are repealed.
|
0020| Section 23. REPEAL.--Sections 7-9A-1 through 7-9A-9 NMSA
|
0021| 1978 (being Laws 1979, Chapter 347, Sections 1 through 7, Laws
|
0022| 1990, Chapter 3, Section 6, Laws 1983, Chapter 206, Section 6,
|
0023| Laws 1990, Chapter 3, Section 8 and Laws 1979, Chapter 347,
|
0024| Sections 8 and 9, as amended) are repealed.
|
0025| Section 24. REPEAL.--Sections 7-9B-1 through 7-9B-7 NMSA
|
0001| 1978 (being Laws 1992, Chapter 47, Sections 1 through 7, as
|
0002| amended) are repealed.
|
0003| Section 25. REPEAL.--Sections 7-9C-1 through 7-9C-11 NMSA
|
0004| 1978 (being Laws 1992, Chapter 50, Section 1 and Laws 1992,
|
0005| Chapter 67, Section 1, Laws 1992, Chapter 50, Section 1 and Laws
|
0006| 1992, Chapter 67, Section 2, Laws 1992, Chapter 50, Section 3
|
0007| and Laws 1992, Chapter 67, Section 3, Laws 1992, Chapter 50,
|
0008| Section 4 and Laws 1992, Chapter 67, Section 4, Laws 1992,
|
0009| Chapter 50, Section 5 and Laws 1992, Chapter 67, Section 5, Laws
|
0010| 1992, Chapter 50, Section 6 and Laws 1992, Chapter 67, Section
|
0011| 6, Laws 1992, Chapter 50, Section 7 and Laws 1992, Chapter 67,
|
0012| Section 7, Laws 1992, Chapter 50, Section 8 and Laws 1992,
|
0013| Chapter 67, Section 8, Laws 1992, Chapter 50, Section 9 and Laws
|
0014| 1992, Chapter 67, Section 9, Laws 1992, Chapter 50, Section 10
|
0015| and Laws 1992, Chapter 67, Section 10 and Laws 1992, Chapter 50,
|
0016| Section 11 and Laws 1992, Chapter 67, Section 11, as amended)
|
0017| are repealed.
|
0018| Section 26. REPEAL.--Sections 7-10-1 through 7-10-5 NMSA
|
0019| 1978 (being Laws 1970, Chapter 26, Sections 1 through 5, as
|
0020| amended) are repealed.
|
0021| Section 27. REPEAL.--Sections 7-11-1 through 7-11-6 NMSA
|
0022| 1978 (being Laws 1982, Chapter 18, Sections 17 through 22, as
|
0023| amended) are repealed.
|
0024| Section 28. REPEAL.--Sections 7-12-1 through 7-12-13 and
|
0025| 7-12-15 through 7-12-17 NMSA 1978 (being Laws 1971, Chapter 77,
|
0001| Section 1, Laws 1943, Chapter 95, Sections 1 and 2, Laws 1986,
|
0002| Chapter 13, Sections 3 and 4, Laws 1943, Chapter 95, Sections
|
0003| 13, 3, 6, 5, 12, 4 and 7, Laws 1971, Chapter 77, Sections 11 and
|
0004| 12, Laws 1943, Chapter 95, Section 8, Laws 1968, Chapter 50,
|
0005| Sections 5 and 6 and Laws 1971, Chapter 77, Section 14, as
|
0006| amended) are repealed.
|
0007| Section 29. REPEAL.--Sections 7-12A-1 through 7-12A-10
|
0008| NMSA 1978 (being Laws 1986, Chapter 112, Sections 2 through 11,
|
0009| as amended) are repealed.
|
0010| Section 30. REPEAL.--Sections 7-13-1 through 7-13-3.2,
|
0011| 7-13-4, 7-13-5 through 7-13-8 and 7-13-10 through 7-13-15 NMSA
|
0012| 1978 (being Laws 1971, Chapter 207, Sections 1 through 3, Laws
|
0013| 1995, Chapter 6, Section 1, Laws 1979, Chapter 166, Sections 7
|
0014| and 8, Laws 1991, Chapter 9, Section 32, Laws 1971, Chapter 207,
|
0015| Sections 5 through 8, Laws 1977, Chapter 342, Section 5 and Laws
|
0016| 1971, Chapter 207, Sections 10 through 14, as amended) are
|
0017| repealed.
|
0018| Section 31. REPEAL.--Sections 7-13A-1 through 7-13A-6 NMSA
|
0019| 1978 (being Laws 1990, Chapter 124, Sections 14 through 16, Laws
|
0020| 1991, Chapter 9, Section 34 and Laws 1990, Chapter 124, Sections
|
0021| 18 and 19, as amended) are repealed.
|
0022| Section 32. REPEAL.--Sections 7-14-1 through 7-14-11 NMSA
|
0023| 1978 (being Laws 1988, Chapter 73, Sections 11 through 17, Laws
|
0024| 1991, Chapter 197, Section 4, Laws 1988, Chapter 73, Sections 18
|
0025| and 19, Laws 1993, Chapter 347, Sections 4 and 5 and Laws 1988,
|
0001| Chapter 73, Sections 20 and 21, as amended) are repealed.
|
0002| Section 33. REPEAL.--Sections 7-14A-1 through 7-14A-11
|
0003| NMSA 1978 (being Laws 1991, Chapter 197, Sections 5 through 7,
|
0004| Laws 1993, Chapter 359, Section 1 and Laws 1991, Chapter 197,
|
0005| Sections 8 through 15, as amended) are repealed.
|
0006| Section 34. REPEAL.--Sections 7-15-1.1, 7-15-2.1 and
|
0007| 7-15-3.1 through 7-15-6 NMSA 1978 (being Laws 1988, Chapter 73,
|
0008| Sections 22 and 23, Laws 1943, Chapter 125, Section 12 and Laws
|
0009| 1988, Chapter 73, Sections 25 through 27, as amended) are
|
0010| repealed.
|
0011| Section 35. REPEAL.--Sections 7-15A-1 through 7-15A-11
|
0012| NMSA 1978 (being Laws 1988, Chapter 73, Sections 28 through 35,
|
0013| Laws 1978, Chapter 35, Section 365, Laws 1988, Chapter 24,
|
0014| Section 9 and Laws 1988, Chapter 14, Section 2, as amended) are
|
0015| repealed.
|
0016| Section 36. REPEAL.--Sections 7-16A-1 through 7-16A-6,
|
0017| 7-16A-8 through 7-16A-16 and Sections 7-16A-19 through 7-16A-21
|
0018| NMSA 1978 (being Laws 1992, Chapter 51, Sections 1 through 6, 8
|
0019| through 16, 19 and 20 and Laws 1995, Chapter 16, Section 15, as
|
0020| amended) are repealed.
|
0021| Section 37. REPEAL.--Sections 7-16B-1 through 7-16B-10
|
0022| NMSA 1978 (being Laws 1995, Chapter 16, Sections 1 through 10)
|
0023| are repealed.
|
0024| Section 38. REPEAL.--Sections 7-17-1, 7-17-2, 7-17-5,
|
0025| 7-17-6 and 7-17-9 through 7-17-12 NMSA 1978 (being Laws 1966,
|
0001| Chapter 49, Sections 1 and 2, Laws 1993, Chapter 65, Section 8,
|
0002| Laws 1984, Chapter 85, Section 4, Laws 1966, Chapter 49,
|
0003| Sections 7 and 8, Laws 1968, Chapter 22, Section 1 and Laws
|
0004| 1984, Chapter 85, Section 8, as amended) are repealed.
|
0005| Section 39. REPEAL.--Sections 7-25-1 through 7-25-9 NMSA
|
0006| 1978 (being Laws 1966, Chapter 48, Sections 1 through 4, Laws
|
0007| 1985 (1st S.S.), Chapter 3, Sections 1 and 2 and Laws 1966,
|
0008| Chapter 48, Sections 6 through 9, as amended) are repealed.
|
0009| Section 40. REPEAL.--Sections 7-29A-1 through 7-29A-5 NMSA
|
0010| 1978 (being Laws 1992, Chapter 38, Sections 1 through 5, as
|
0011| amended) are repealed.
|
0012| Section 41. REPEAL.--Sections 7-29B-1 through 7-29B-6 NMSA
|
0013| 1978 (being Laws 1995, Chapter 15, Sections 1 through 6) are
|
0014| repealed.
|
0015| Section 42. REPEAL.--Section 7-29C-1 NMSA 1978 (being Laws
|
0016| 1995, Chapter 171, Section 1) is repealed.
|
0017| Section 43. REPEAL.--Sections 7-30-1 and 7-30-2, 7-30-4
|
0018| through 7-30-11 and 7-30-27 (being Laws 1959, Chapter 53,
|
0019| Sections 1, 2 and 4 through 11 and Laws 1991, Chapter 9, Section
|
0020| 37, as amended) are repealed.
|
0021| Section 44. REPEAL.--Sections 7-31-1 and 7-31-2, 7-31-4
|
0022| through 7-31-11 and 7-31-26 NMSA 1978 (being Laws 1959, Chapter
|
0023| 54, Sections 1, 2 and 4 through 11 and Laws 1991, Chapter 9,
|
0024| Section 38, as amended) are repealed.
|
0025| Section 45. REPEAL.--Sections 7-33-1, 7-33-2, 7-33-4
|
0001| through 7-33-8 NMSA 1978 (being Laws 1963, Chapter 179, Sections
|
0002| 1, 2 and 4 through 8) are repealed.
|
0003| Section 46. REPEAL.--Sections 59A-6-2 and 59A-6-3 NMSA
|
0004| 1978 (being Laws 1984, Chapter 127, Sections 102 and 103, as
|
0005| amended) are repealed.
|
0006| Section 47. REPEAL.--Section 66-12-6.1 NMSA 1978 (being
|
0007| Laws 1987, Chapter 247, Section 9) is repealed.
|
0008| Section 48. TEMPORARY PROVISION--CONTINUITY OF ACTIONS.--
|
0009| A. All taxes due but unpaid under the tax acts
|
0010| repealed on the effective date of this act remain due until paid
|
0011| or until a final determination is made that the taxes are not
|
0012| due.
|
0013| B. Any protests, claims for refund, court
|
0014| proceedings or other actions ongoing with respect to the
|
0015| provisions of any tax act repealed on the effective date of this
|
0016| act shall be finally determined with respect to the applicable
|
0017| provisions of that tax act in effect on the date the tax act was
|
0018| repealed.
|
0019| Section 49. APPLICABILITY.--The provisions of Sections 3,
|
0020| 5, 6, 8, 9 and 14 through 19 of this act apply to taxable years
|
0021| beginning on or after January 1, 1996.
|
0022| Section 50. EFFECTIVE DATE.--The effective date of the
|
0023| provisions of this act is July 1, 1996.
|
0024|
|
0025|
|
0001| FORTY-SECOND LEGISLATURE
|
0002| SECOND SESSION, 1996
|
0003|
|
0004|
|
0005| JANUARY 31, 1996
|
0006|
|
0007| Mr. President:
|
0008|
|
0009| Your COMMITTEES' COMMITTEE, to whom has been referred
|
0010|
|
0011| SENATE BILL 616
|
0012|
|
0013| has had it under consideration and finds same to be GERMANE, PURSUANT
|
0014| TO CONSTITUTIONAL PROVISIONS and thence referred to the WAYS AND
|
0015| MEANS COMMITTEE.
|
0016|
|
0017| Respectfully submitted,
|
0018|
|
0019|
|
0020|
|
0021|
|
0022| __________________________________
|
0023| SENATOR MANNY M. ARAGON, Chairman
|
0024|
|
0025|
|
0001|
|
0002| Adopted_______________________ Not Adopted_______________________
|
0003| (Chief Clerk) (Chief Clerk)
|
0004|
|
0005|
|
0006| Date ________________________
|
0007|
|
0008|
|
0009|
|
0010| S0616CC1
|